PRITAM SINGH PATTAR, J.

1. This is a regular first appeal filed by Ram Sarup, plaintiff, against the judgment and decree dated 6.06.1961, of the Senior Sub-Judge, Rohtak, dismissing his suit for declaration and for possession of the land in dispute measuring 1 Kanal 19 Marlas fully described in the plaint and situated in village Ghanaur, Tehsil Sonepat, District Rohtak, (now District Sonepat).

2. The facts of this case are that one Prabhu Dial was the owner of Khasra No. 1525 measuring 4 Bighas and 1 Biswa Kham situated in village Ghanaur, Tehsil Sonepat District Rohtak, and one Phulu was it occupancy tenant under him. The creditors of Phulu made an application on 12.01.1937, against him in the Insolvency Court to have him adjudicated insolvent. Phulu was served in that insolvency case on February 10, 1937. Phulu sold his occupancy rights in that land to his landlord Prabhu Dial on the basis of sale deed dated 25.02.1937. Prabhu Dial thus became full owner of this land and he sold this land bearing Khasra No. 1525 to Ram Chander, defendant. Phulu was declared insolvent by order dated 11.03.1937 of the Insolvency Court. The whole of the property of Phulu insolvent, including